4 Medico-Legal Aspect of Virginity
6 Medico-Legal Aspect of Pregnancy
A virgin is a woman who has not experienced sexual intercourse.
Virgin term is derived from a latin word Virgo or Maiden, which means sexually inexperienced woman ( virgo intacta)
Virginity is the state of being Virgin.
Latin Term – de:flore, flower and away: Rupture of hymen by sexual intercourse to the plucking of flower.
Defloration means loss of virginity
It is a contract between man and woman which implies physical union by coitus.
Divorce means dissolution of previously valid marriage
It does not imply virginity
Chastity derived from a Latin word’ castitas meaning cleanliness or purity.
It is an operation for repairing ruptured hymen. It will restore to its intact estate.
• ‘Hymen’ is a Greek term meaning membrane and ‘Raphe’ means suturing:
• so, suturing of ruptured hymen is Hymenorrhaphy.
It is a surgical procedure to correct imperforate or septate Hymen.
The question of virginity arises in cases of-
1.Nullity of marriage:
• When either party was under age at the time of marriage
• One party was of unsoundmind or mental defective at the time of marriage
• Either party was already validly married,
• When female was pregnant by another man at the time of marriage or
• where has not been comummuted due to impotence or wilful refusal.
The ground of the divorce are:
• Incurable mental illness,
• Husband found guilty of rape,sodomy or bestality,
• Incurable leprosy
• Incurable venereal disease,
• deserted petitioners for two year continuously.
• Not heard for years and
• Divorce by mutual consent on the ground of living separately for one year or more
The Hymen is a fold of mucous membrane about 1mm thick, derived from the posterior vaginal wall, situated at the vaginal outlet.
Types of Hymen :
1.Annular Hymen: The opening is oval and situated near the centre of the membrane
2.Semilunar or Crescentic Hymen: It is commonest type of hymen in which the opening placed anteriorly.
3.Cribriform Hymen: There are several hymenal opening
4.Septate Hymen: Two lateral opening which is separated either partially or completely by a thin strip of tissue.
5.Vertical Hymen: The opening in the hymen is vertical.
6.Infantile Hymen: A small linear opening in the middle of hymen
7.Imperforate Hymen: No Hymenal opening present.
8.Fimbriated Hymen: This type of hymen is also called Frilly Edged Hymen’.
Causes of Rupture of Hymen
1.Act of coitus: Sexual inter course is the commonest cause of rupture of Hymen.
However in some cases Hymen remains intact inspite of Virgin, repeated sexual intercourse, such condition is called False
2.Accident: A fall on a projecting substance.
3.Foreign Body: Sola pith is introduced into vagina for rendering very young girl fit for sexual intercourse is called Aptae Virus.
4.Masturbation: Specially, if practiced with some large foreign body.
5.Surgical Procedure: Artificial maneuvers and gynecological examinations and introduction of instrument for medical examination.
6.SanitaryTampons: Insertion of sanitary tampon
7.Ulceration: Due to diphtheria and other diseases
8.Scratches: Due to irritation of parts the cause is lack of cleanliness.
Medico Legal Aspects
1.The presence of an intact Hymen is not an absolute sign of virginity. With an intact hymen there are true virgin or false virgin.
The principal signs of virginity are an intact Hymen, a normal condition of the fourchette and posterior commissure and a narrow vagina with rugosity of wall.
2. After repeated sexual intercourse, tears are present at 5’o clock and 7o’ clock position. After the birth of child Hymen is completely lost and small round flashy tags are formed called carunculae hymenales or ‘carunculae myrtiformes’.
Pregnancy is the carrying of one or more embryo or feotus inside the womb of a female.
The condition of having a developing embryo or feotus in the female occurs when an ovum is fertilized by a spermatozoon; in lay term it is called conception. The fused product of male and female gamete is called zygote. It occurs during reproductive period of female from 15 years to 45 years.
Although pregnancy begins with implantation, the process leading pregnancy occurs earlier as a result of female gamete or oocyte, merging with male gamete or spermatozoon.
Medico Legal Aspects
1.When a woman pleads pregnancy to avoid attendance in the court as a witness – Pregnancy itself is not an excuse, unless in advanced stage of pregnancy to the fact that delivery is imminent.
2.When a female sentenced to death penalty, pleads that she is pregnant to avoid execution. The High court has the to postpone the execution of death until 6 months after delivery or commute it to life imprisonment.
3.When a woman feigns pregnancy after her husband’s death to claim succession to estate.
4.When a woman, who had filed a suit in the court for breach of promise of marriage of seduction claims to be pregnant.
5.When a woman blackmails a man and accuses that she is pregnant by him to compel marriage.
6.In allegations that widow or an unmarried woman or a married woman living separately from her husband, is pregnant.
7.When a woman alleges that she is pregnant in order to secure greater compensation from some person dies through the negligence.
8.In case of divorce, the woman may claim to be pregnant to receive more alimony or maintenance /allowance.